S.RAVINDRA BHAT, J.

1. The plaintiff in this suit, seeks a decree for declaration that the preliminary decree issued by this court, in CS (OS) 2211 of 2003, (“the partition suit”) dated 16.11.2005, is null and void, and that it was obtained by misrepresenting and playing a fraud. A decree for permanent injunction, restraining the defendants from seeking to dispossess the plaintiff, from interfering with his possession of the suit property, as well as Shop Nos. 121, 122 and 136, Shankar Road Market, New Rajinder Nagar, (hereafter “the shops”) is sought.

2. The suit alleges that the plaintiff purchased the three shops from the first defendant, for Rs. 1 crore. It is contended that a bakery was run under the style “New Grand Bakery” from the shops, and the plaintiff purchased the entire property along with the assets of the bakery. It is stated that a sum of Rs. 5 lakhs was paid as advance, for which a receipt was executed by the said defendant, who is the wife of one late Bansi Lal. It is stated that though the receipt does not bear a date, the transaction took place on 10.12.2003. It is alleged that another amount of Rs. 25 lakhs was paid on 01.08.2004; the defendant was